When contemplating advice for contractors or suppliers trying to navigate the current tariff environment, I find President Dwight D. Eisenhower’s wartime advice insightful, “In preparing for battle I have always found that...more
In the construction industry, it is not uncommon for a contractor to be named in a lawsuit due to hidden (latent) defects in its work that injure a third party long after the work has been completed and turned over to the...more
In the construction industry, a “pay-if-paid” provision is common in subcontracts, which conditions a general contractor’s obligation to make payment to a subcontractor on the general contractor’s actual receipt of payment...more
The Pennsylvania Superior Court recently clarified the claims that a subcontractor may bring, as well as the judgments that may be enforced, against a surety in Pennsylvania in Eastern Steel Constructors, Inc. v....more
Contractors or subcontractors who perform offsite work can face unique challenges when an owner decides to suspend or end a project. Luckily, states including Pennsylvania and New Jersey, have legislation that offers remedies...more
One of the most powerful tools in a contractor’s arsenal for obtaining payment on a construction project is a mechanics’ lien claim, which is a security interest that attaches to the owner’s property interest and “clouds” the...more
“There’s no time like the present”—cliché or not, this may become the new rule for when contractors should file their New Jersey lien claims during the pandemic, and probably after. Unlike lawsuits and other legal actions,...more
Pulling the Continuous Trigger: Insurance Policies and Progressive Property Damage in New Jersey -
When a property owner claims damages due to defective construction, the first step for a contractor is to notify its...more
In Pennsylvania, it is well-established that a homeowner can assert claims for fraud and violation of Pennsylvania’s consumer protection statute – the Unfair Trade Practices and Consumer Protection Law (“UTPCPL”) – against a...more